Sec. 22-1. Openings in streets.



It shall be unlawful for any person to tear up any street paving for any purpose whatsoever, or to disturb the surface by digging holes or trenches in any street, sidewalk, park or public place within the city without first making application to the director of permits and code management and obtaining a written permit to do so, which permit the director of permits and code management is hereby authorized to grant under such regulations as may be adopted by the mayor and board of aldermen. Upon granting such permit, it shall be the duty of the applicant to perform the work for which the permit is issued without any unnecessary delay. As soon as such work is completed, the street shall, without delay and within the time specified in the permit, be restored to as good a condition as it was prior to the opening thereof. The opening shall be repaved with the same kind and quality of material with which the balance of the street is paved, and such portions of the streets restored to their true and proper grade. The ditch shall be flooded, if so directed by the director of permits and code management, and rammed from the bottom to the top. The work of refilling and repaving shall be done in a good and workmanlike manner and in a way satisfactory to the director of permits and code management. In the event of refusal or neglect to comply with the aforesaid provisions, the offender shall be punished as provided in section 1-7, and the repairs shall be made by the city, charged to the offender and collected as hereinafter provided. Whenever the paving of a street, after having been torn up, has sunk below the proper grade of the street, it shall be the duty of the person digging the holes or trenches to again repave or rebuild at his own expense, as often as may be necessary, in order to completely restore the true grade of the street. In the event of refusal or neglect upon receiving twenty (20) days’ notice from the director of permits and code management to comply herewith, the offender shall be punished as provided in section 1-7. The director of permits and code management shall make the necessary repairs, the cost thereof to be collected from the person digging the hole or trench by suit at law or by attachment in case of nonresidence.

It shall be the duty of the superintendent of streets, where any work on account of the city is done, after the completion thereof, to repave and refill, if necessary, in a reasonable time and to clear the street where the work has been done of any debris, and also to again repave or refill as often as may be required to restore the street to its proper grade and condition. (Code 1953, § 18.3; Ord. No. G-90-43, § 1, 10-18-90)